City to enlist engineering firm for Petoskey Pointe wall inspection

PETOSKEY -- Petoskey City Council members gave the go-ahead Monday to have an engineering firm evaluate the retaining wall at the dormant Petoskey Pointe construction site downtown.

The council voted 4-0 during its regular meeting to authorize city manager Dan Ralley to enter a professional services agreement with a firm for the structural evaluation. Council member Ron Marshall was absent from the meeting.

The wall runs along three sides of the hole that was dug for the Petoskey Pointe hotel/condominium complex's never-installed foundation. Work stalled on the Petoskey Pointe project amid financial difficulties in 2007.

The retaining wall wasn't meant to remain in place for the long term without a foundation installed. Because of this -- and because city streets, sidewalks and underground utilities lie near the wall -- city officials have noted the importance of the wall's structural integrity.

"I think it's time that we do something like this after five years to make sure this site is safe for everyone," said council member Tom Postelnick.

Traverse City-based Northwestern Bank has owned the site since late 2010, having acquired it after another bank's foreclosure proceedings against Petoskey Pointe developers Lake Street Petoskey Associates. Northwestern Bank has not yet announced any plans for putting the site to new use.

The bank has provided local officials with reports on several inspections it arranged -- which indicated that the wall remains stable -- but council members have noted in recent months that they'd like additional assurance.

Mayor Bill Fraser noted that the evaluation sought by the city will be more extensive than those previously performed.

"This will be more than (using) a carpenter's level and a rebound hammer," he said.

If the wall's condition turns out to present concerns, city legal counsel has said that Petoskey has several potential options available to compel safety improvements at the site if needed -- by invoking the International Property Maintenance Code that was adopted for city use, by applying city nuisance ordinance provisions or by pursuing action under public nuisance law. Before using any of these approaches, counsel noted that an expert review of the wall's condition would be an appropriate first step.

If the structural review sought by the city shows the wall is stable, Fraser noted that the process could bring peace of mind.

Ralley said he's had some discussion with an engineering firm about reviewing the wall, but that he wasn't yet in a position to share details such as a cost projection or the firm's location.

Following the council's decision Monday, he said he'll work to finalize the agreement, and that the review potentially could begin this summer.